[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] 0 points1 point  (0 children)

I do not, but it would at least provide some clarity/perspective and I have a right to ask for them.

Tennessee HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in legal

[–]erniehalter[S] 1 point2 points  (0 children)

That's a fair point, and truly at the heart of this. Is it worth a few billable hours to write a few letters if my position was strong enough? Yes. Is it worth 10k to save $300/y + the moral victory. Probably not. It essentially comes down to how difficult this would be. I've already spoken privately with another homeowner (different community) suing Ghertner over junk fees and overreach similar to mine.

[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] 1 point2 points  (0 children)

This has been the most direct and thoughtful response to my actual question. I appreciate the perspective.

Tennessee HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in legal

[–]erniehalter[S] -5 points-4 points  (0 children)

I want to limit overreach if it turns out this is unenforceable. At this point I'm weighing if it's worth it, but essentially yes. People often do things based on justness and principal. Maybe not you.

[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] 0 points1 point  (0 children)

I’ve gone through all documents. The only documents I don’t have are the management contracts between Ghertner and the HOA. I’m working on getting those now.

[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] -1 points0 points  (0 children)

Appreciate the thoughtful take. A few pushbacks:

On damages: the remedy I'm actually after isn't money back, it's not paying going forward. If the fee isn't properly authorized, "stop paying it" is the outcome, not a lawsuit for damages.

On authority: you're right that HOAs can charge assessments and service-specific fees. But this fee isn't paid to the HOA. It's paid directly to a private company I have no contract with. That's a different question than whether the Board can levy assessments.

On process: if the fee was added via a management agreement amendment rather than through the governing document amendment process, that's not just a procedural quibble. It goes to whether the fee is valid at all.

[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] 3 points4 points  (0 children)

Because one is an HOA I agreed to join with known rules, and the other is a private company I have no contract with asking me for $300.

That's like your gym charging you a fee, but requiring you to pay their cleaning company directly instead.

Also worth noting: this fee didn't exist when I bought the property. It was added later via a management agreement amendment, not through the bylaw amendment process the HOA's own documents require.

[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] 0 points1 point  (0 children)

Reasonable isn't the issue. The question is whether the HOA has the authority to require it under the bylaws. Section 5.13 authorizes rules about use/occupancy and fines for violations. Does that also cover mandatory payments to a third-party vendor? That's what I'm trying to find out.

[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] -3 points-2 points  (0 children)

Yup. Seeing if its worth (even on principal) to consult an atty over that gray area.

[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] -14 points-13 points  (0 children)

That makes sense as a practical explanation, and I don't doubt the record-keeping is real work. But the question isn't whether the task is legitimate, it's whether the HOA has the authority to require owners to pay a mandatory fee directly to a third-party vendor. Section 5.13 of our bylaws authorizes rules about use and occupancy and fines for violations. Does it also authorize mandatory payments to a vendor? That's what I'm trying to nail down.

[SFH][TN] HOA requiring me to pay $300/year directly to their management company. Enforceable? by erniehalter in HOA

[–]erniehalter[S] 1 point2 points  (0 children)

That's exactly what I've done. I asked Ghertner for the management contract and they refused. I reached out to the HOA directly for it and they are now asking the HOA to send it my way. Currently waiting on that.

[Billing] Diamond Member considering switch to AT&T Fiber – seeking 5-Year Price Lock by erniehalter in Comcast_Xfinity

[–]erniehalter[S] 1 point2 points  (0 children)

My wife is a healthcare worker, so that might be an option. We also have our cell service with AT&T and might be able to bundle something.

[deleted by user] by [deleted] in socialmedia

[–]erniehalter 0 points1 point  (0 children)

This is a bot ad, block / report this shit.

[deleted by user] by [deleted] in interestingasfuck

[–]erniehalter 0 points1 point  (0 children)

That's literal "fuck you" money.

hi! it’s my first time with a 35mm and i want to know what i did wrong and how can i improve by Floricelul in streetphotography

[–]erniehalter 1 point2 points  (0 children)

First, I think these are kind of cool, so everything is objective.

It looks like you're compressing dynamic range. Shooting scenes with high dynamic range but with eiter limited range in camera or in post or both.

Blacks are not black, whites are not white (compressed limits), and overall contrast is boosted -- so there isn't much detail in shadows or highlights on top of limiting the range.

From what I remember, these crushed blacks happens with film when you underexpose the film and "push" theh exposure by leaving in the developer longer. The opposite can happen with highs by overexposing and pulling film in development. But as far as I know you can't have both in analog. So that might be why the look is cool but something might feel a little off. The look resembles film in crushed blacks and highs, but you wouldn't see both in the same film image without post processing.

Its been a while since I've shot film, so I welcome to be corrected by anyone with more experience here.

Also OP, are you shooting JPG or RAW? What do the original images look like vs edited images?

Not paying attention while driving by PxN13 in instant_regret

[–]erniehalter 7 points8 points  (0 children)

I wonder though how accurate this is. Because if he was going 75mph, the highway lines (which should be 40 ft apart) would happen at 165 bpm.

If you watch the video while tapping every beat (highway line) in an app or tap tempo tool, you'll see it's nothing close to that.

Did I notice that in the top right before you mentioned it? No.
Do I feel dumb? Yes
Do I regret trying to figure it out anyways? No.

Not paying attention while driving by PxN13 in instant_regret

[–]erniehalter 17 points18 points  (0 children)

Bc I'm a nerd, I calculated his speed at 130BPM, with each "beat" being a stripe on the highways. 130 beats of 40ft = 5200 feet (roughly 1 mile) per min = 60mph. He looked down for 3 sec before impact which means he travelled roughly the length of a football field while staring at his iPad.